Biju Kumar.M.S vs The Branch Manager
2023 Latest Caselaw 9655 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                       WP(C) NO. 29234 OF 2023
PETITIONER:

          BIJU KUMAR.M.S
          AGED 41 YEARS, S/O. MADHAVAN PILLAI, "ADWAITHAM",
          RANDALUMMOODU, THALAVOOR P.O., PATHANAPURAM TALUK,
          KOLLAM, PIN - 691508
          BY ADVS.
          K.C.SANTHOSHKUMAR
          K.K.CHANDRALEKHA
          BABU JOHN


RESPONDENTS:

    1     THE BRANCH MANAGER
          STATE BANK OF INDIA, BHARANIKAVU BRANCH
          KOLLAM, PIN - 690520
    2     THE CHIEF MANAGER
          (MAINTENANCE) (AUTHORISED OFFICER UNDER SARFAESI ACT,
          2002), THE STATE BANK OF INDIA, RASMEC,
          1ST FLOOR, LOTUS TOWER, PULAMON JUNCTION,
          KOTTARAKKARA, KOLLAM, PIN - 691531
    3     CHITHRA VINOD,
          CHANGAVILAYIL, NJARAKADU, THALAVOOR,
          KOLLAM, PIN - 691514


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.29234 of 2023

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                    DINESH KUMAR SINGH, J.
                ===================
                     W.P.(C) No.29234 of 2023
              ======================
              Dated this the 8th day of September, 2023

                               JUDGMENT

1. The present Writ Petition (Civil) under Article 226 of the

Constitution of India is filed seeking the following reliefs;

(i) Declare that Ext.P1 notice is illegal and the same cannot be used for initiating any recovery proceedings against the petitioner.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction against respondent Nos.1 and 2 to permit the petitioner to pay the defaulted installments in 10 equal monthly installments and to regularise the account of the petitioner accordingly.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction against respondent Nos.1 and 2 or competent among them to consider and pass appropriate orders on Ext.P2 request as expeditiously as possible or within a time frame to be stipulated by the Hon'ble Court.

(iv) Dispense with filing the translation of vernacular documents.

(v) To grant such other and further reliefs this Court may deem fit and proper in the interest of justice.

WP(C) No.29234 of 2023

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2. The learned counsel for the 1st respondent submits that

the total overdue is Rs.1,12,102/-. The counsel for the petitioner

submits that the petitioner has been ousted from the house by

the wife and it is the wife, who is occupying the house and the

petitioner is residing in a rented house. It is further submitted

that the petitioner is suffering from Cervical spondylosis. The

learned counsel for the petitioner also submitted that the

petitioner has every intention to payoff the overdue amount, if

the petitioner is granted some time for paying off the

outstanding dues of the loan amount.

3. The learned counsel for the respondent-Bank had

vehemently opposed the prayer of the petitioner.

4. Considering the difficult situation of the petitioner in which

the petitioner has been ousted from his house by the wife, this

Court is granting time to the petitioner to pay the overdue

amount of the bank in six equal monthly installments, every

installment is to be paid on or before 10th day of every WP(C) No.29234 of 2023

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month starting from 10.10.2023. In case the petitioner defaults

in making payment of any installment as directed above, the

bank is free to proceed with the SARFAESI proceedings.

With the aforesaid decisions the present writ petition is

finally disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE

ded WP(C) No.29234 of 2023

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APPENDIX OF WP(C) 29234/2023

PETITIONER EXHIBITS

EXHIBIT P1 THE COPY OF THE NOTICE SENT BY THE 2ND RESPONDENT TO THE PETITIONER ON 15.07.2023 (WRONGLY DATED AS 27.06.2023) EXHIBIT P2 THE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 19/7/2023 EXHIBIT P3 THE COPY OF THE REPLY SENT BY THE 1ST AND 2ND RESPONDENTS TO THE PETITIONER DATED NIL EXHIBIT P4 THE COPY OF THE MEDICAL CERTIFICATE INCLUDING THE PRESCRIPTION OF THE PETITIONER DATED 9/1/2023 EXHIBIT P5 THE COPY OF THE FIXED DEPOSIT RECEIPT IN THE NAME OF THE PETITIONER DATED 14/11/2018 FOR AN AMOUNT RS 1000000/- EXHIBIT P6 THE COPY OF THE FIXED DEPOSIT RECEIPT IN THE NAME OF THE PETITIONER'S WIFE DATED 3/9/2018 FOR AN AMOUNT RS 400000/-

EXHIBIT P7 THE COPY OF THE FIXED DEPOSIT RECEIPT IN THE NAME OF THE PETITIONER'S WIFE DATED 14/11/2018 FOR AN AMOUNT RS 500000/-

EXHIBIT P8 THE COPY OF THE FIXED DEPOSIT RECEIPT IN THE NAME OF THE PETITIONER'S WIFE DATED 14/11/2018 FOR AN AMOUNT RS 500000/-